Terms and Conditions

SPORTS MONSTER TERMS AND CONDITIONS

The following is an outline of company policy for all Sports Monster Corporation (SMC) leagues, events as well as membership definitions and payment terms. Approval of these terms of service shall represent agreement by the customer of understanding and for full compliance:

Acceptance of Terms of Service: Sports Monster reserves the right to update and change, from time to time, these Additional Terms and all documents incorporated by reference.

League Viability and SMC Right to Modify

SMC leagues are viable with a minimum of 4 teams per league. Once a league becomes viable with 4 teams, there are no refunds. If a league does not become viable with a minimum of 4 teams, or any unforeseen circumstance which requires a particular league to be canceled in advance of the first match, full refunds will be given if team does not want, or cannot, be placed in another SMC league.

League times and locations are as listed. However, SMC reserves the right to change specific league locations and operating times as necessary due to any required scheduling changes either on a weekly or seasonal basis. If there is a change in specific league location exceeding 10 miles for a majority (at least 5 weeks) of an entire season, customers will be given refund/credit options. Otherwise, there shall be no refunds or credits provided.

Outside of weather/field closure delays, should any league start be postponed by more than two (2) weeks following the initial advertised start date, customers may elect to receive refund or credit options.

SMC also reserves the right to shorten any league due to multiple weather cancellations or unforeseen circumstances without any refund or credits provided.

League Registration Terms

a. Individual Registrations:

SMC requires independent registrants to provide three league choices, when available, to be placed in any SMC seasonal sports league.

Independent registrants placed in any of their three league choices are not eligible for any refunds. Independent registrants providing three league choices, when available, who cannot be placed will be entitled to a full refund.

Individual registrants who provide only one or two options and cannot be placed in that league will be placed into the next available open same sport/skill level/format league - no refunds will be provided.

If an individual is limited to only one option for placement, the recommended course of action is for them to form a full team to guarantee that placement. Otherwise, three options are required.

Teams may be formed by Individuals who register to be part of a specific team. In such cases, individuals must include that team name or team captain or other player(s) to guarantee same team placement. Such teams MUST register the minimum number of players to field a full squad to avoid possible placement into a 2nd or 3rd league option. SMC shall reserve the right to add individuals up to the league maximum.

SMC reserves the right to form individual teams with the minimum number of players needed to play a legal match in that sport. In cases with a smaller individual team roster, SMC will work with the players and as a League to recruit additional players but no guarantee is provided.

The following is the maximum number of players SMC will place on an individual registration team:

· Basketball = 10

· Bowling (4’s) = 6

· Bowling (Social) = 10

· Broomball = 12

· Dodgeball = 12

· Floor Hockey = 12

· Football (4’s) = 8

· Football (8’s) = 16

· Kickball = 20

· Soccer Indoor = 12

· Soccer Field = 22

· Softball = 18

· Tennis = 6

· Volleyball (4’s) = 8

· Volleyball (6’s) = 10

SMC will NOT place more than the advertised maximum number of players on any individual team roster without the consent of the members of that team in advance.

Individuals registering by themselves to play with one or more friends must include name of at least one of those friends for same team placement. Unless registrations are received within the same 24 hour period, same team placement is not guaranteed although SMC will make every effort to place requested friends on same team.

Individuals registering together or as a group with one payment are guaranteed same team placement in their top three choices or may receive a refund.

An independent registrant who will not be able to participate in their season due to an illness or injury must notify SMC in writing within the first week of the start of the league for future league placement-no refunds will be provided. A doctor’s note must accompany any illness/injury league deferment request. If approved, league deferment may not exceed more than one year after which time it becomes null and void. Once a season enters its second week of operation, there is no consideration for change in participation due to injury or illness.

b. Team Registrations and Rosters

SMC does not require team captains provide a full roster at the time of registration. A complete roster must be posted online to match players participating in the league, and signing the team waiver, for those players to be eligible for ongoing league play and playoff participation.

Captains may modify roster during the course of the season up through the last week of regular season.

Teams registered in full as a team by one person (captain) have rosters controlled by that captain and players within the team. SMC may NOT place individual players on a team roster without the express written consent of that team’s captain or representative.

Teams may be formed by Individuals who register to be part of a specific team. In such cases, individuals must include that team name or team captain to guarantee same team placement. These pre-determined individual teams are subject to placement of additional individuals, not to exceed the advertised maximum roster.

4. League, Tournament and/or Event Payment Terms

All league fees must be paid in full as listed by each sport and/or event. Team or individual registration made online or via fax, in person or by mail constitutes an agreement to provide full payment.

Verbal registrations will not be accepted and will not be considered as confirmation for holding a team or individual spot without receipt of full payment.

For sponsored teams, any fees paid by an individual for a team shall be refunded upon an equal payment provided by a third party to SMC with reference to league/location.

Any discount programs being offered may not be combined.

a. Payment Balance for Teams: The balance for all payments will automatically be processed via the credit card provided on/by the second week of league operations unless customer provides a new credit card number, check or money order representing the balance of fees owed SMC in advance.

b. Cancel/Refund Policy: Pre-season cancellation is permitted up to 72 hours in advance of the advertised start of league. A 30% fee shall be assessed for any applicable pre-season cancellations. Pre-season cancellation MUST be done in writing via USPS, FedEx, UPS, courier delivery or fax. E-mailed or telephoned cancellations will NOT be accepted.

c. Extra Fees: All SMC leagues and programming are all-inclusive, unless otherwise explicitly noted in the description. Facility, equipment and staffing costs are included when your register to play. If there is ever a request on-site for extra fees to be paid other than what has been agreed via advertised participation, please report this to our main office immediately.

These are the only possible extra fees:

Extra Player fees: The maximum roster size listed is based on previous teams’ participation. However, your team may be a bit larger and all players MUST be on the online roster to participate in playoffs. If your roster exceeds the maximum amount posted, you may add extra players for a $10 per player fee. There is no upper roster limit.

Late fee for unpaid balances after week 2: Any unpaid fees following the second week of league play shall result in a 10% Late Fee to be added to the total balance due.

Scheduling Request fees: There is no charge for one (1) scheduling request presented prior to the season start. There is a $10 fee for a 2nd request or one request following the start of the season. If there are more than 2 requests presented prior to the season start, or 2 requests after the start of the season, there is a $50 fee. If SMC is unable to accommodate a paid request, there will be no charge.

Additional Champion Prizes fee: Should your team win the league – and we hope you do! – you will be presented with a choice of apparel or trophies. If you wish to order both or more of one than your online roster size, there is an additional fee as stated on the championship prize form.

Forfeiture of League, Tournament or Event Participation: Failure by an individual player or a team to abide by SMC policy including but not limited to: fighting, abusive language, violation of no alcohol policy, theft or defacement of SMC property, defacement of facility property, threats to disrupt operations, multiple match forfeitures, disregard of SMC rules and failure or refusal to sign SMC team liability waiver shall result in the expulsion and void any refund or future credit.

For teams having attendance problems, you are encouraged to contact your local SMC office. SMC will make every effort to help find additional players but we make no promise or guarantee of success. Should a team forfeit three (3) regular season matches, they shall remain on the full regular season schedule but shall not be eligible for playoffs. There will be no refund or credit options if a team is removed from playoff consideration because of forfeitures.

Membership Subscription Payment Terms: There are no membership fees to create and maintain an online profile.

7.Minimum age for membership/participation: Sports Monster has a minimum age requirement of 19 years old for participation. All Sports Monster events have a minimum age requirement of 21 years old for participation. All participants must sign a waiver of liability at or before attending their first event or league. Failure or refusal to do so shall void participation and no refunds shall be provided.

8.Sports Monster Reservation of rights: Sports Monster expressly reserves the right to immediately modify, suspend or terminate any Player or Member’s account and refuse current or future use of any Sports Monster service without explanation. Failure to abide by SMC rules or failure to provide full payment will result in forfeiture of event participation. No refunds will be provided in such instances.

9. Customer Demeanor: Sports Monster requires that all customers conduct themselves with good sportsmanship, dress appropriately and utilize proper civility and language during leagues, tournaments or events. Failure to conduct oneself in an appropriate manner will result in a short term suspension and possible full expulsion without any refund.

Please note that proper customer demeanor includes written and verbal interaction with SMC staff. Threats and/or disparaging comments made towards SMC staff or expressing the intent to disrupt operations will be viewed as inappropriate and unacceptable for continued participation (see #5 above).

10.Waiver of Liability: Customers agree to indemnify and hold harmless Sports Monster and its employees and directors, information providers, licensors, suppliers, agents, and ISPs against all claims, liabilities, damages, costs and expenses, including but not limited to reasonable attorneys fees, arising out of or related to any and all use of Member's account. This includes, without limitation, responsibility for all such consequences of User's (or that of any user of User's account) violation of the Membership Agreement.

Customer signature on a league, tournament or event SMC waiver is required for participation. Failure or refusal to sign shall void participation without refund.

11. Right to Enforcement: This Agreement is for the benefit of Sports Monster and its employees and directors, information providers, licensors, suppliers, agents, and ISPs; and each shall have the right to assert and enforce such provisions directly on its own behalf.

12. Correspondence: All questions and correspondences should be sent by regular mail, FedEx or UPS to: Sports Monster, 1553 Parsons Avenue, Columbus OH 43207 or call (614) 443-0190 during regular eastern time business hours.

13. Modification Date: These Terms and Conditions have been updated as of May 26, 2016. Questions regarding applicable Terms and Conditions prior to this date should be addressed via the Correspondence section above.